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THE TRIPPING HAZARD IN A WALKWAY VIOLATED THE INDUSTRIAL CODE; PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 241(6) CAUSE OF ACTION (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff was entitled to summary judgment on the Labor Law 241(6) cause of action. Plaintiff tripped on a bowed piece of Masonite that was in a walkway, a violation of the Industrial Code:

Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to workers by complying with specific safety rules and regulations set out in the Industrial Code (12 NYCRR) … . “To succeed on a cause of action alleging a violation of Labor Law § 241(6), a plaintiff must demonstrate that his or her injuries were proximately caused by a violation of an Industrial Code provision that is applicable under the circumstances of the accident” … . The plaintiff here relies upon 12 NYCRR 23-1.7(e)(1), which provides, in pertinent part, that “[a]ll passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping.”

The plaintiff demonstrated his prima facie entitlement to judgment as a matter of law on the issue of liability on the cause of action alleging a violation of Labor Law § 241(6) by tendering evidence establishing that while performing construction work, he fell over a tripping hazard in a passageway … , in the form of a raised or bowed piece of Masonite board, and that this unsafe condition was the proximate cause of his injuries … . Tompkins v Turner Constr. Co., 2023 NY Slip Op 05631, Second Dept 11-8-23

Practice Point: Where the proximate cause of plaintiff’s injury is a condition which violates the Industrial Code, here a tripping hazard in a walkway, the plaintiff is entitled to summary judgment on a Labor Law 241(6) cause of action.

 

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